City of Cortland, NY General Provisions

The Common Council of the City of Cortland deems it necessary for the promotion of health, safety and the general welfare of the City to regulate and restrict the use of land and the placement of improvements upon it. In pursuance thereof, districts have been created and the following regulations are hereby adopted.

No building, structure or lot shall hereafter be used or occupied and no building or structure shall hereafter be erected or altered unless it is in conformity with all of the regulations herein specified for the district in which it is located.

§ 300-2 Common meaning.

Except where specifically defined herein, all words used in this zoning chapter shall carry their customary meanings.

§ 300-3 Rules of construction.

Words used in the present tense include the future, and the plural includes the singular or vice versa; the word "lot" includes the word "plot" or "parce;" the word "building" includes the word "structure;" the word "shall" is intended to be mandatory; the word "may" is permissive; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

§ 300-4 Definitions.

When used in this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings hereinafter set forth.

ACCESSORY

The term applied to a building, structure, or use that:

(1)

Is customarily incidental and subordinate to and serves a principal building or use;

(2)

Is subordinate in area, extent, or purpose to the principal building or use served;

(3)

Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and

(4)

Is located on the same parcel as the principal building or use.

ACTION

Any project or physical activity, such as construction process to achieve compliance or other activity that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that requires a permit or approval from any board, commission, or official of the City of Cortland.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, but not including normal maintenance or minor repairs or improvements.

ANCILLARY PARKING AREA

A parking area which is located in a residential or professional office district and is either across the street from or contiguous to the lot to be served by the parking area.

ANIMAL HARBORING

The keeping of more than three dogs, or more than four cats, or any number of exotic pets or the keeping of any animals for sale or hire, except for the sale of animals in commercial pet stores or shelters. Nothing in this chapter shall prohibit the possession of exotic pets in a private residence, providing such animals are at all times kept within the residence.

APPEAL

A request by an interested party for reconsideration of a decision.

APPLICANT

A person filing an application in accordance with this Zoning Code who is:

(1)

The owner or lessee of property;

(2)

A party who has contracted to purchase property contingent upon that party's ability to acquire the necessary approvals required for that action in accordance with this Zoning Code, and who presents written authorization from the property owner to file an application with the City; or

(3)

The agent of either of the above who presents written authorization from the property owner to file an application with the City.

APPLICATION

The formal request by an applicant or developer, as those terms are defined herein, for any permit or approval by the Common Council, Planning Commission, Zoning Board of Appeals, or Code Enforcement Officer, along with the preparation of any and all plans and submittals submitted in connection therewith, including, but not limited to, any required review under the New York State Environmental Quality Review Act (SEQRA).

ARCHITECTURAL FEATURE

Any portion of the outer surface of a structure, including the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings, canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure. Also referred to as "architectural detail."

AREA REGULATIONS

Those regulations which refer to dimensional or numerical requirements in this chapter, such as but not limited to lot size, lot width, yard dimensions, percentage of lot coverage, percentage of impervious material, building height, number of parking spaces, density and supplemental regulations which refer to dimensional or numerical requirements.

BED-AND-BREAKFAST

A single-family dwelling occupied and used by the owner of such dwelling as their principal residence and within such dwelling unit there are accessory guest rooms provided for compensation. Breakfast may be provided for no more than a seven-day period.

BLOCK

The length of a street between two intersections.

BUFFER

A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other and/or to protect wildlife habitats, wetlands, stream corridors and other significant environmental features.

BUILD-TO ZONE

An area of a lot designated for placement of a building facade along a street, located parallel to a front property line. The build-to zone defines an area in which the locations of building fronts can vary within a specified range.

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or property.

BUILDING AREA

The total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.

BUILDING COVERAGE

The ratio obtained by dividing the ground-floor area of all principal and accessory buildings, including covered porches, carports and breezeways, but excluding open patios, parking areas, swimming pools, tennis courts and other structures which are open, on a lot by the total area of the lot upon which the buildings are located.

BUILDING LINE

A line parallel to the lot line or a major portion thereof, tangent to that point in a building face which is closest to such lot line. The building face includes sunparlors, breezeways and porches, whether enclosed or unenclosed, but does not include steps or terraces which are open.

BUILDING, DETACHED

A building surrounded by open space on the same lot as principal building.

BUILDING, PRINCIPAL

A building in which is conducted the principal or primary use of the lot on which it is situated.

BULK

The size and scale of buildings and non-building uses and the physical relationship of their size and scale in relation to the lot on which they are located. Bulk requirements include building height, building footprint, lot coverage, and setbacks.

CAMPER

Any construction used or arranged for temporary living or sleeping purposes, and mounted or attached on a vehicle and capable of being removed from such vehicle.

CAMPING TRAILER

Any vehicle used or arranged for temporary living or sleeping purposes, mounted on wheels and drawn by a power-driven vehicle, or any such type of vehicle with its wheels removed.

CLUB

A not-for-profit organization catering to members and their guests and not open to the general public. Clubs shall include lodges, fraternal or sororal organizations, mutual benefit societies and other like organizations.

COLLECTOR STREETS

Move small volumes of traffic between various connecting residential, commercial and local roads to each other and to arterial highways. The average daily trip volume is 1,500 cars to 5,000 cars with peak-hour traffic of more than 10% of the daily volume. Service to abutting land uses is a secondary function.

COMMERCIAL INDOOR ENTERTAINMENT

Includes all uses which provide entertainment services partially or wholly within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial uses. Such uses include recreation facilities, health and fitness services and sports facilities. Restaurants and taverns are excluded from this use category.

COMMERCIAL INDOOR LODGING

Includes uses which provide overnight housing, whether on a residential or temporary basis, in individual rooms or suites of rooms. Such uses include hotels, motels, boardinghouses and rooming houses.

COMMERCIAL OUTDOOR ENTERTAINMENT

Includes all uses which provide entertainment services, recreational and/or sports activities partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours.

COMMON WALL BUILDING

A building with a wall or walls shared by more than one building at the interior side or rear lot line. Also called a party wall.

COMPATIBLE

(1)

Having a complimentary and congruent arrangement of elements in the design and/or appearance between two or more attributes of a structure;

(2)

Having a complimentary and congruent arrangement of elements in the design and/or appearance between two or more structures;

(3)

Having a complimentary and congruent arrangement of elements in the design and/or appearance between two or more attributes of a neighborhood; or

(4)

Having a complimentary and congruent arrangement of elements in the use or function between two or more attributes of a neighborhood or area.

CONTRACTOR'S SERVICES

Includes the business of the trades involved in the constructing, remodeling, repairing and/or landscaping of buildings, structures and lots.

CORNER LOT

A parcel of land at the junction of and fronting on two or more intersecting streets.

DAY-CARE

The caring for three or more children or adults away from their homes, except those which are licensed pursuant to § 390 of the Social Services Law.

DECK

An uncovered, platform-like structure attached to or abutting a building.

DENSITY

A unit of measurement; "density" means the number of dwelling units per acre of land.

DEVELOPER

Any person, firm, partnership, association, corporation, company, limited liability or entity or organization of any kind, whether or not an applicant as defined hereinabove, that constructs or proposes to construct one or more highways, drainage facilities, utilities or parks within or in conjunction with a development and to convey or dedicate same to the City.

DEVELOPMENT

Any manufactured changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, excluding normal maintenance of farm roads and agricultural practices.

DISTRICT or ZONE

A portion of the territory of the municipality within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DRIVE-THROUGH FACILITIES

A building or use from which by design of physical facilities a product is sold to, or a service performed for, customers while they are in or near their motor vehicles, including but not limited to fast-food restaurants, drive-up bank tellers, film-processing service booths, etc.

DRIVEWAY

That portion of a lot extending from a permitted curb cut which is used for the purpose of ingress to or egress from the property and the parking of vehicles thereon.

DRIVING AISLE

A driving aisle is intended to be utilized for on-site vehicular circulation. All driving aisles shall be 24 feet in width; however, the Planning Commission may, upon a proper presentation, permit a narrower driving aisle.

DWELLING

A building or part of a building erected upon a permanent foundation constructed for and intended for occupancy as a residence by one or more families. "Dwelling" may include but not be limited to the following types:

(1)

DWELLING, SINGLE-FAMILYA building designed for occupancy by one family. "Single-family dwelling," for purposes of this chapter, may be either attached or detached.

(2)

DWELLING, TWO-FAMILYA building of two dwelling units, with common walls and/or floors. It may or may not have a direct entrance from the outside to each dwelling unit. Yard area or open space may be assigned to each dwelling unit for exclusive use or for common use.

(3)

DWELLING, MULTIFAMILYA building of three or more dwelling units, with common walls and floors, constructed on a lot; it may or may not have a direct entrance from the outside to each dwelling unit. Yard area or open space may be assigned to each dwelling unit for exclusive use or for common use.

DWELLING UNIT

That part of a dwelling designed for use by one family as defined by City Code and containing one or more rooms and facilities for living, including cooking, sleeping, storage of possessions and sanitary needs.

EXTENDED-CARE MEDICAL FACILITIES

Includes hospitals, convalescent and nursing homes and all other facilities which provide medical service treatment facilities which provide overnight care and which operate 24 hours a day, seven days week.

FACADE

The face of a building, especially the principal front that faces a street or an open space, including any face that is visible from the street.

FAMILY

One, two or three persons occupying a dwelling unit; or four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family. It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

(1)

The group is one which in theory, size, appearance, structure and function resembles a traditional family unit.

(2)

The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family.

(3)

The group shares expenses for food, rent or ownership costs, utilities and other household expenses.

(4)

The group is permanent and stable. Evidence of such permanency and stability may include:

(a)

The presence of minor dependent children regularly residing in the household who are enrolled in local schools;

(b)

Members of the household have the same address for purposes of voter's registration, driver's licenses, motor vehicle registration and filing of taxes;

(c)

Members of the household are employed in the area;

(d)

The household has been living together as a unit for a year or more, whether in the current dwelling or in other dwelling units;

(e)

There is common ownership of furniture and appliances among the members of the household; and

(f)

The group is not transient or temporary in nature.

(5)

Evidence that the group is the functional equivalent of a traditional family may include any other factor reasonably related to whether or not the group is the function equivalent of a family.

FENCE

A structure designed to delineate or screen all or a portion of property and which provides limited or controlled ingress to and egress from a lot.

FINANCIAL INSTITUTIONS AND SERVICES

Includes banks, credit unions, security brokerage firms, mortgage brokers, mortgage bankers and any other businesses which offer similar services.

FLOODWAY ZONE DISTRICT

As used when related to the Floodway Zone District, the following terms shall have the meanings indicated:

(1)

BASE FLOOD ELEVATIONSElevations above mean sea level of the flood heights which have a 1% chance of being equaled or exceeded in any given year.

(2)

BASE FLOOD (100-YEAR FLOOD)The flood having a 1% chance of being equaled or exceeded in any given year.

(3)

DEVELOPMENTAny manufactured change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or dredging operations located within the area of special flood hazard.

(4)

FLOOD HAZARD DISTRICTAll that land adjacent to a body of water which has been or may hereafter be covered by a flood having a 1% chance of being equaled or exceeded in any given year. The outer boundaries of the district are coterminous with those of the 100-year flood, also called the "base flood."

(5)

FLOOD INSURANCE RATE MAP (FIRM)The official map on which the HUD Federal Insurance Administration has delineated both the special flood hazard areas and the risk-premium zones applicable to the City of Cortland.

(6)

FLOOD INSURANCE STUDYThe official report in which the Federal Insurance Administration has provided to the City of Cortland the flood profiles, as well as the Flood Hazard Boundary - Floodway Map and the water surface elevation of the base flood.

(7)

FLOOD or FLOODINGA general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other inland areas of water, or abnormally high tidal water or rising lake waters resulting from severe storms, hurricanes or tidal waves.

(8)

FLOODPLAIN AREA HAVING SPECIAL FLOOD HAZARDSThat maximum area of the floodplain which, on the average, is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year).

(9)

FLOODPLAIN MANAGEMENTThe operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and land use and control measures.

(10)

FLOODPLAIN or FLOOD-PRONE AREASA land area adjoining a river, stream, watercourse, ocean, bay or lake which is likely to be flooded.

(11)

FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.

(12)

FLOOD PROTECTION ELEVATIONOne foot above the 100-year flood elevation.

(13)

FLOODWAYThe channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude without increasing water surface elevation more than one foot.

(14)

LOWEST FLOORThe lowest level, including basement, crawl space and garage of the lowest enclosed area.

(15)

MEAN SEA LEVELThe average height of the sea for all stages of the tide.

(16)

YEAR FLOODD — The highest level of flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year).

(17)

START OF CONSTRUCTIONThe first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation.

Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation.

(18)

SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any walk, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(a)

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(b)

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

FLOOR AREA

The sum of the horizontal area of the floors of a building and its accessory buildings on the same lot, excluding building detached, unfinished basement or cellar floor areas not devoted to habitable use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of several floors of a building or buildings, measured from the inside faces of exterior walls or from the centerline of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, "gross floor area" shall not include areas used principally for nonpublic purposes, such as storage, restroom, fitting or alteration rooms or general maintenance, or enclosed pedestrian malls or corridors.

FLOOR AREA, HABITABLE

The floor area of rooms in a dwelling unit used for bedrooms, living rooms, dining rooms and kitchens.

FRATERNITY/SORORITY HOUSE

A residential dwelling used and occupied by members of a recognized fraternity or sorority whose residents are currently enrolled in SUNY Cortland.

FRONT YARD

The space within and extending the full width of the lot from the front lot line to that part of the principal building which is nearest to such front lot line. No building or structure, except driveways, sidewalks and required parking spaces, may be placed within the front yard and no building parts may extend into this area, except as provided for in § 300-72.

[Amended 9-3-2019 by L.L. No. 6-2019]

FRONTAGE

The extent of a building or a lot along one public street as defined herein. (See "corner lot.")

FUEL STATIONS

All lots from which motor fuel is sold and which may include a convenience store and/or motor vehicle services as an accessory use. If such accessory uses are combined with the sale of fuel, the use shall be treated as if it were solely the sale of fuel.

FUNERAL HOME

A building which is used and occupied by a professional mortician licensed by New York State for burial preparation and funeral services.

HABITABLE SPACE

As defined in the Residential Code of New York State.

HOME OCCUPATION

A use that:

(1)

Is clearly incidental and secondary to the use of such dwelling for residential purposes;

(2)

Is a single profession or hobby carried on within a dwelling by a member of the household residing in the dwelling unit; and

(3)

Can be conducted without substantial change in the appearance, character, or traffic generation of the residence.

HOSPITAL

Any facility, structure or place for diagnosis and treatment of human illnesses, injuries or ailments either on an inpatient or outpatient basis. This includes a sanitarium, clinic, rest home, nursing home, convalescent home, home for the aged.

HOTEL

A building having more than two stories with rooms intended, designed, used, rented or hired out to be occupied for sleeping purposes, along with the provision of food, meals and beverages to transient guests and/or the general public.

IMPERVIOUS SURFACE

Material which does not permit the natural absorption and permeation of rain or other surface water.

INDOOR SALES

Includes uses which conduct sales and/or display merchandise or equipment in an enclosed building. These uses also include nonpersonal services and nonprofessional services. A use in which the outdoor display area exceeds 10% of the indoor sales area shall be considered an outdoor sales use.

INDUSTRIAL ACTIVITY

Includes the assembling, compounding, manufacturing, processing, fabricating and treatment of products or materials when such activities are the predominant activity on the lot.

INSTITUTION

A facility that provides a public service and is operated by a federal, state, or local government, public or private utility, school, church or similarly recognized and legally established sect, public agency, tax exempt organization, or quasi-public organization.

LANDSCAPING

The use of natural plant materials including, but not limited to, ground covers, shrubs, and trees. Landscaping also involves the placement, preservation and maintenance of said plant materials in conjunction with associated improvements such as fences, walls, lighting, earth mounding and structures (principal or accessory).

LAUNDROMAT

A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

LOADING AREA

An off-street space exclusive of passageways, driveways, ramps, columns and other areas that is used for the temporary parking of a commercial vehicle while loading or unloading deliveries, merchandise or materials.

LOT

A designated parcel, tract or area of land created by conveyance, subdivision or eminent domain and which has a unique Tax Map number.

LOT AREA

The total computed area contained within the property lines, excluding any part lying within the boundaries of a public street or proposed public street. Also referred to as "lot size."

LOT COVERAGE

That percentage of the lot covered by all of the buildings, structures and impervious materials.

LOT LINES

The property lines bounding the lot, as verified by certified survey.

(1)

LOT LINE, FRONTIn the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way; in the case of a lot abutting more than one street, each street line shall be considered a front lot line.

(2)

LOT LINE, REARThe lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less then 10 feet long, lying wholly within the lot and farthest from the front lot line.

(3)

LOT LINE, SIDEThe property line or lines extending from the front lot line to the rear lot line. A "side lot line" separating a lot from a street right-of-way is called a "side street lot line."

LOT WIDTH

The measurement at the point at which the front setback line intersects the side lines.

MEDICAL OFFICE

Includes medical, dental and clinical outpatient offices for the diagnosis and treatment of human ailments.

MINING

The extracting of stone, sand, gravel or topsoil for sale as an industrial or commercial operation.

MINOR REPAIRS

Repairs that do not require the long-term dismantling and storing of parts; can be reasonably completed within a twenty-four-hour period.

MIXED-USE BUILDING

A building within which residential as well as nonresidential uses occur.

MOTOR HOME

Any self-propelled vehicle designed for use as temporary or permanent living accommodations.

MOTOR VEHICLE SERVICES

Includes motor vehicle repair shops, car washes and auto detailing; however, all such activities must be conducted within a building. Such a use does not include the sale of fuel.

NEIGHBORHOOD

A district especially one forming a community in a town or city.

NEIGHBORHOOD CHARACTER

The atmosphere or physical environment which is created by the combination of land use and buildings within an area. "Neighborhood character" is established and influenced by land use types and intensity, traffic generation and also by the location, size and design of structures as well as the interrelationship of all these features.

NONCONFORMING BUILDING OR STRUCTURE

A building or structure that does not conform to the regulations of the district in which it is located upon the effective date of this chapter.

NONCONFORMING LOT

Any lot lawfully existing at the time of adoption of this chapter or any amendment thereto which does not conform to the minimum width, depth and area dimensions specified for the district wherein such lot is situated.

NONCONFORMING USE

An established use of a building or structure or of land existing at the effective date of this chapter which does not conform to the use requirements of the district in which it is located.

NONRESIDENTIAL USE

All uses of land and buildings except one-family dwellings, two-family dwellings and multiple-family dwellings.

OFFICE

Firms or organizations providing professional, executive, management, or administrative services, such as those listed in the "professional services" definition.

OPEN SPACE

An area or areas of a lot, including required yards, which are:

(1)

Open and unobstructed from ground to sky, except by facilities specifically designed, arranged and intended for use in conjunction with passive or active outdoor recreation or relaxation.

(2)

Landscaped, maintained or otherwise treated to create a setting appropriate to recreation or relaxation.

(3)

Accessible and usable by the general public, business patrons or residents of all dwellings or stores it is intended or required to serve.

OUTDOOR SALES

Includes uses which sell, rent or display merchandise or equipment predominantly outside of an enclosed building. Such uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard.

OUTDOOR STORAGE

The location of any goods, wares, merchandise, commodities, junk, debris, or any other item outside of a completely enclosed building for a continuous period longer than 24 hours.

OUTPARCEL

A parcel of land, generally located on the perimeter of a larger parcel of commercial land, that is subordinate to the larger parcel.

OWNER

An individual, firm, association, organization, partnership, trust, corporation, or company holding title to the property.

OWNER'S AGENT

Any person, company, corporation or other entity that has the authority to act on behalf of or in the place of the owner.

PARAPET

That portion of a building wall that rises above the level of the roof.

PARKING LOT

Any privately owned lot or building which is available to the general public for the temporary parking or storage of motor vehicles.

PATIO

A ground-level area, usually made of concrete, cement or paving stones. Such patio shall not be considered as part of a building in the determination of side or rear yard setbacks, provided that such patio has no roof and is without walls, parapets or other forms of enclosure. Such patio may have an open guard railing not over three feet high.

PEDESTRIAN-ORIENTED

Refers to a pedestrian-friendly development approach providing clear, comfortable pedestrian access to commercial and residential areas and transit stops through the combination of land design practices including compact development, mixed-use development, traffic calming, pedestrian and public transit orientation, designated pedestrain circulation systems and amenities, and a mix of housing types. Also referred to as "human-scale" development.

PERSONAL AND PROFESSIONAL SERVICES

Includes uses whose primary function is the provision of services directly to an individual. Such uses include all licensed and unlicensed professional services, as well as acute care medical facilities which operate during limited hours and which do not provide overnight care.

PORCH

An open, roofed platform extending along the exterior wall of a building. In determining the percentage of building coverage or the size of yards for the purpose of this chapter, all porches shall be considered a part of the building.

PUBLIC SERVICE UTILITIES

Includes wastewater treatment plants, public and private utility substations, water towers, and utility and public-service-related distribution facilities, including conventional television, radio, or communications antennas/towers.

REAR YARD

An open space which extends across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, into which space there shall be no extension of building parts or structures except as provided for in § 300-72.

[Amended 9-3-2019 by L.L. No. 6-2019]

RECREATIONAL FACILITY

A designated place, area, structure, or other facility used by persons in the community to carry out recreational activities.

RECREATIONAL FACILITY, INDOOR

Includes, but is not limited to, a bowling alley, theater, pool hall, skating rink, gymnasium, health spa, video machine arcade, swimming pool and similar places of indoor commercial recreation, both public and private, as well as accessory uses, including user supplies, food service and sales, service and storage of recreation equipment and accessories.

RECREATIONAL FACILITY, OUTDOOR

Includes, but is not limited to, a golf course and clubhouse, trap, skeet and archery ranges, swimming pool, skating rink, beach, tennis court, racquetball court, camping area, picnic area and similar places of outdoor recreation, as well as accessory uses, including user supplies, food service and sales, service and storage of recreation equipment and accessories.

RELIGIOUS INSTITUTION

Includes church, temple, synagogue, mosque, parish house, convent, seminary, and retreat house. Also referred to as "place of worship."

RESEARCH, DEVELOPMENT, EXPERIMENTAL OR TESTING LABORATORY

A building or groups of buildings in which are located facilities for scientific research, investigation, materials testing, or experimentation, but not facilities for the manufacture or sale of products.

RESIDENT

A person living full or part-time within a dwelling unit located in the City of Cortland, regardless of tenancy.

RESIDENTIAL USE

Includes one-family dwellings, two-family dwellings, and multiple-family dwellings.

RESTAURANTS and TAVERNS

Includes all facilities from which prepared food and alcoholic beverages are offered for sale to the public, regardless of what other use may be occurring on the lot.

RETAIL STORES AND SHOPS

An establishment for the sale of goods, articles or consumer services individually or in small quantities directly to the consumer. Retail store or service shall not be interpreted to include the following: drive-up service, gasoline station, motor vehicle repair service, new or used car sales and service, and trailer or mobile home sales and service.

RIGHT-OF-WAY

A strip of land, either public or private, occupied or intended to be occupied by a street, sidewalk, trail, railroad, electrical transmission line, oil or gas pipeline, water main, sanitary or storm sewer or other similar use.

ROOMING OR BOARDING HOUSE

One within a single building and/or multiple buildings where three or more persons are living, but such persons are unrelated or are not living together as a household. The maximum number of persons permitted to live in a rooming or boarding house shall not exceed 10 people.

SCREENING

A method of reducing the impact of noise, glare and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate combination thereof.

SETBACK

The least required horizontal distance between property line, and any structure on the lot measured at the shortest point, including terraces, porches, or any covered projection thereof, but excluding steps.

SETBACK, FRONT

The setback to the front lot line.

SETBACK, REAR

The setback to the rear lot line.

SETBACK, SIDE

The setback to any property line other than a front or rear lot line.

SETBACK, STREET

The setback to the street or front lot line. On corner lots, both yards bordering the street shall be considered as street setbacks. Such street setback shall be measured from the public right-of-way.

SHOPPING CENTER

A lot occupied by three or more commercial use units, attached or detached, which utilize common parking areas and driveways.

SIDE YARD

An open space on the same lot with a principal building between the principal building and the side line of the lot, into which space there shall be no extension of building parts or structures, except as provided for in § 300-72.

[Amended 9-3-2019 by L.L. No. 6-2019]

SIGN

Any object, device, display or structure, or part thereof, situated outdoors that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including but not limited to words, letters, figures, designs, symbols, fixtures, colors, illumination or project images. "Signs" shall also include all sign structures. A sign for the purposes of this chapter does not include the following:

(1)

A flag or emblem of any nation, organization of nations, state or city, or any fraternal or sororal, religious or civic organization;

(2)

Merchandise, pictures or models of products or services incorporated in a window display;

(3)

Works of art which in no way identify a commercial message;

(4)

Scoreboards located on athletic fields;

(5)

Official notices issued by any court or public office or officer in the performance of a public or official duty; and

(6)

Traffic control signs as defined in the Vehicle and Traffic Law.

SIGN TYPES

(1)

FRAME OR SANDWICH BOARD SIGN— A freestanding sign not exceeding four feet in height with a face no greater than two feet by three feet, of "A-frame" design and which is not illuminated.

(2)

ANIMATED SIGNA sign that includes movement of either light or text.

(3)

AWNING SIGNA sign which is displayed upon a sheet of canvas or other material used to protect from sunlight or rain, which is attached to the face of a building. Also a sign which is displayed upon a permanent roof-like shelter extending from part of a building face over an entryway.

(4)

BANNERA temporary sign composed of lightweight canvas-like material, which can be attached to a structure or suspended by attachment at each end.

(5)

BILLBOARDSee "off-premises sign."

(6)

BUILDING STREET FRONTAGEThe linear measurement of the wall of a building which faces a public street.

(7)

CONSTRUCTION SIGNA temporary sign erected on premises on which construction is taking place.

(8)

DIGITAL SIGNA sign in which any part is comprised of electric elements that are required to display text, graphics, or other such images.

(9)

DIRECTIONAL SIGNAny sign that is designed and erected for the purpose of traffic or pedestrian direction or control. Such a sign shall not carry a commercial message.

(10)

GROUND SIGNA sign supported by a foundation or one or more columns, uprights or braces not attached to or forming part of a building. The bottom of the sign face shall not be more than seven feet above grade; otherwise, such sign shall be classified as a "pole sign."

(11)

MARQUEE SIGNA permanent sign that extends from and across part or all of a building edifice and is constructed of durable materials including metal, glass or plastic and upon which a changeable message may be placed.

(12)

OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located.

(13)

PORTABLE SIGNA sign that is not permanently affixed to a building, a structure, or the ground, including A-frame style, freestanding sandwich board signs.

(14)

ROOF SIGNAny sign erected upon, against or directly above a roof or on top of or above the parapet of a building.

(15)

PROJECTING SIGNA sign attached to or supported by a building or structure in such a manner that it extends more than 12 inches from the facade.

(16)

TEMPORARY SIGNA sign which is not intended to be used for a period of time to exceed 30 days, nor is attached to a building, to a structure, or into the ground in a permanent manner, such signs usually being constructed of poster board, cardboard, masonite, plywood or plastic material and mounted to wood, metal, wire or rope frames or supports.

(17)

WALL SIGNA sign fastened or applied to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.

(18)

WINDOW SIGNA sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen.

SITE

A lot or group of contiguous lots not divided by any alley, street, other right-of-way or the City limit that is proposed for development in accord with the provisions of this Zoning Code, and is in a single ownership or has multiple owners, all of whom join in an application for development.

SITE PLAN

A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Code Enforcement Officer or the Planning Commission.

SITE PLAN REVIEW

Authority delegated to the Planning Commission by the Common Council, which enables the Planning Commission to approve, approve with conditions or disapprove the site development plans for all buildings or uses where site plan review is required.

SOLAR

As used when related to solar photovoltaic systems, the following terms shall have the meanings indicated:

(1)

BUILDING-INTEGRATED SYSTEMA solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.

(2)

BUILDING-MOUNTED SYSTEMA solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the City of Cortland and that is either the principal structure or an accessory structure on a recorded lot. This system also includes any solar-based architectural elements.

(3)

GROUND-MOUNTED SYSTEMA solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.

(4)

PHOTOVOLTAIC (PV)A semiconductor-based device that converts light directly into electricity.

(5)

QUALIFIED SOLAR INSTALLERA person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the City of Cortland determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.

(6)

ROOFTOP OR BUILDING-MOUNTED SYSTEMA solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.

(7)

SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENTItems including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.

STACKING SPACE

A temporary space, eight feet by 18 feet, to be used by motorists while waiting to use drive-through units, car washes, gas pumps or other similar uses.

STOOP

An uncovered and unenclosed porch placed at an entryway which may have a few steps and the top of which is no more than four feet above grade.

STREET

A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, way, drive, boulevard, highway, road and any other thoroughfare except an alley.

STRUCTURE

A combination of materials constructed, the use of which requires location on the ground or attachment to something having location on the ground and is not a building as hereinabove defined. This term includes an improved impervious parking surface.[1]

TEMPORARY OR SEASONAL OCCUPANCY

The use of any premises, structure or use for living and/or sleeping purposes in 180 days or less in any calendar year.

TRANSPARENCY

The percentage of the facade wall area which includes openings for transparent glass windows and doors. Facade transparency at the first floor/ground floor level is measured between two feet above grade to 10 feet above grade. Facade transparency for upper floors is measured from second finished floor level to the ceiling of the topmost floor. Glass is considered transparent when it has a visible light transmission (VLT) rating at the percentage as specified in the code or higher.

TRAVEL TRAILER

Any portable vehicle which is designed to be transported on its own wheels, which is intended to be used for temporary living quarters for travel, recreation or vacation purposes and which may or may not include all of the accommodations and facilities included in a motor home.

USE

The specific purpose for which land, building, or structure is designed, intended, arranged, used or maintained.

(1)

PERMITTED USEIndicates that a use allowed by-right without Planning Commission approval, provided such use, activity, or structure is in conformance with the regulations of this chapter.

(2)

SPECIAL USEA use which, because of its unique characteristics, requires special consideration in each case by the Planning Commission. Planning Commission must grant approval for a special use permit before a zoning permit can be issued.

USE, CHANGE OF

Any change in the type or nature of occupancy of a building or land, except the following:

(1)

A change in the volume of use without any physical extension of sales and/or service area.

(2)

An expansion or substitution of accessory or incidental uses in connection with the established principal use, except that in no case shall such an accessory or incidental use dominant in area or purpose the principal lawful use.

(3)

A change in ownership.

(4)

A change to a generically similar use.

UTILITIES

All water, sanitary sewer, gas, electric, telephone, cable television facilities and any easements through or over which said facilities may be constructed or installed in or in connection with a development.

UTILITY TRAILER

A trailer, with or without sides or roof, designed for transporting various objects.

VARIANCE

The Board of Appeals' authorized departure to a minor degree from the text of this chapter in direct regard to a hardship peculiar to an individual lot in accordance with the procedures set forth in this chapter and by the laws of the State of New York.

VARIANCE, AREA

An authorized departure from the size or shape of lot, yard, building height, building coverage, parking or other regulations governing area requirements.

VARIANCE, USE

An authorized departure from the requirements for the use of land for a purpose that is otherwise not allowed or prohibited by this chapter.

VEHICLE

Any device in, upon or by which any person or property is or may be transported upon a public street or highway except such as is operated exclusively by human power. This includes, but is not limited to, cars, trucks, boats, recreational vehicles, airplanes, four-wheelers, dirt bikes, or motorcycles.

WALKWAY

A passage or path designated for pedestrian activity or walking.

WELLHEAD PROTECTION OVERLAY DISTRICT

As used when related to the Wellhead Protection Overlay District, the following terms shall have the meanings indicated:

(1)

AQUIFERA geological formation, group of formations or part of a formation composed of rock, sand or gravel capable of storing and yielding groundwater to wells and springs.

(2)

CONTAMINATIONAn impairment of water quality by chemicals, radionuclides, biologic organisms or other extraneous matter, whether or not it affects the potential or intended beneficial use of water.

(3)

DEVELOPMENTThe carrying out of any construction, reconstruction, alteration of surface or structure or change of land use or intensity of use.

(4)

FACILITYSomething that is built, installed or established for a particular purpose.

(5)

HAZARDOUS MATERIALA material defined in one or more of the following categories:

(a)

Ignitable: a gas, liquid or solid which may cause fires through friction, absorption of moisture or which has low flash points. Examples: white phosphorous and gasoline.

(b)

Carcinogenic: a gas, liquid or solid which is normally considered to be cancer-causing or mutagenic. Examples: PCBs in some waste oils, benzene, xylene, toluene.

(c)

Explosive: a reactive gas, liquid or solid that will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate.

(d)

Toxic: a gas, liquid or solid so dangerous as to afford an immediate and profound hazard to life or, through a single large dose or repeated and/or prolonged exposure, represents a threat to human health. Examples: chlorine gas, coal tar, some petroleum distillates.

(e)

Corrosive: any material, whether acid or alkaline, which will cause severe damage to human tissue, or, in case of leakage, might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.

(f)

Additionally, a hazardous material is any substance found listed in 40 CFR 261, 40 CFR 302, 6 NYCRR 371 or 6 NYCRR 597, alone or in combination, including but not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to two, alkalis with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes or any material exhibiting the characteristics of ignitability, corrosivity, reactivity or EP toxicity.

(6)

PRIMARY CONTAINMENT FACILITYA tank, pit, container, pipe or vessel of first containment of a liquid or chemical.

(7)

RECHARGE AREAAn area of land where rainwater infiltrates the ground to reach an aquifer.

(8)

RELEASEAny unplanned or improper discharge, leak or spill of a potential contaminant, including a hazardous material.

(9)

SECONDARY CONTAINMENT FACILITYA second tank, catchment pit, pipe or vessel that limits and contains liquid or chemical leaking or leaching from a primary containment area; monitoring and recovery are required.

(10)

SPILL RESPONSE PLANSDetailed plans for control, containment, recovery and cleanup of hazardous material releases, such as during fires or equipment failures.

(11)

STORMWATER TREATMENT PRACTICES (STPs)Measures, either structural or nonstructural, that are determined (pursuant to New York State Department of Environmental Conservation standards, practices and regulations) to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

(12)

TIME-OF-TRAVEL DISTANCEThe distance that groundwater will travel in a specified time. This distance is generally a function of the permeability and slope of the aquifer.

(13)

WELLHEADThe point(s) of water withdrawal from public wells, the immediately surrounding surface area and the supporting structures and apparatus necessary for the extraction of water from said wells.

(14)

WELLHEAD PROTECTION OVERLAY DISTRICTThe zoning district defined to overlay other zoning districts in the City of Cortland. This district may include specifically designated recharge areas that collect precipitation or surface water and carry it to aquifers.

WETLANDS

Areas designated as freshwater wetlands by the New York State Department of Environmental Conservation or the Army Corps of Engineers, as prescribed by law.

[1]

Editor's Note: The former definition of "student residence," which immediately followed this definition, was repealed 9-3-2019 by L.L. No. 6-2019.

§ 300-5 Zoning Map.

The zoning districts are shown and bounded on a map entitled the "Zoning Map of the City of Cortland," adopted and certified by the City Clerk. This map accompanies this chapter and, together with all the explanatory matter thereon, is hereby made a part of this chapter.

§ 300-6 Designation of districts.

[Amended 12-17-2019 by L.L. No. 7-2019]

The zoning districts will be referred to hereinafter in this chapter and on the Zoning Map as follows:

Type of District	Designation
Low Density Residential	R-1
Medium Density Residential	R-2
Mixed Density Residential	R-3
Multifamily Residential	R-4
Professional Office	PO
Neighborhood Business	NB
General Business Regional	GB-1
General Business Local	GB-2
Central Business	CB
General Industrial	GI
Historic Overlay	HO
Flood Hazard	FH
Floodway Zone	FW

§ 300-7 Rules for interpretation of district boundaries.

The following rules shall govern the interpretation of boundaries indicated on the Zoning Map:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets, street lines, right-of-way lines or lot lines, such centerlines, street lines, right-of-way lines or lot lines shall be construed to be such boundaries.

(2)

Where district boundaries are indicated as being approximately parallel to the centerlines of streets, street lines, right-of-way lines or lot lines, such district boundaries shall be construed as being parallel thereto and at the distance therefrom indicated on the Zoning Map.

(3)

Where the district boundaries are indicated as approximately following, being parallel to or being measured from railroad lines, such district boundaries shall be deemed to be located at, following parallel to or measured from the centerline of the right-of-way of such railroad lines.

(4)

Where distances between district boundary lines or from district boundary lines to lot, street or railroad lines or other points of reference are in dispute, they shall be determined by the use of the scale shown on the Zoning Map.

§ 300-8 Compliance required.

Except as may otherwise be provided in this chapter, no building, structure or lot shall hereafter be used or occupied and no building, structure or part of a building or structure shall hereafter be erected, reconstructed, altered or relocated except in conformity with the regulations specified in this chapter for the district in which it is located.

§ 300-9 Accessory buildings, structures and uses.

All uses are to be interpreted such that accessory uses are allowed together with accessory buildings and structures.

§ 300-10 Prohibited uses.

The following uses are specifically prohibited as either a principal or accessory use:

(1)

Slaughterhouse.

(2)

Rendering plant.

(3)

The manufacture, handling, sale or distribution of any highly combustible or explosive materials, including but not limited to such things as the manufacture or bulk storage of fireworks. However, the retail sale of tanks containing 20 pounds or less of liquid propane is allowed.

(4)

Mining.

(5)

Solid-fuel-burning outside furnaces except an appropriately sized recreational fireplace or pit used in conjunction with residential occupancy, as per statute.

The following uses are specifically prohibited as a principal use; however, they may be permitted as an accessory use:

(1)

The storage of crude oil or any of its volatile products or other highly inflammable liquids in aboveground tanks.

(2)

The sale of used motor vehicles or equipment, which are regulated herein as an outdoor sales use.

(3)

Food trucks: dispensing of food from motorized or towed vehicles.

The following uses are specifically prohibited as a principal or accessory use under this chapter; however, they may be permitted pursuant to another chapter of the Code of the City of Cortland:

(1)

Adult entertainment businesses: see Chapter 60.

(2)

Animal harboring: see Chapter 74.

(3)

Junkyards and scrapyards: see Chapter 164.

(4)

Sidewalk cafes: see Chapter 234.

(5)

Taxicabs: see Chapter 258.

§ 300-11 Dwelling restrictions.

No more than one single-family dwelling or two-family dwelling may be permitted on a single lot. Any property violating this provision that was established prior to the adoption date of this chapter shall be considered a permitted lot.

Two or more multifamily dwellings may be permitted on a single lot provided the Planning Commission grants issuance of a special use permit per Article XVI, and approves the site plan per Article XIII.

No dwelling may be erected unless it contains the following minimum habitable space:

(1)

Each unit in a two-family dwelling shall contain a minimum of 750 square feet of habitable space.

(2)

Each unit in a multifamily dwelling shall contain a minimum of 350 square feet of habitable space in the Central Business District or a minimum of 450 square feet if located in any other district.

§ 300-12 Interpretation; conflict with other laws.

In their interpretation and application, the provisions of this chapter shall be held to be minimum regulations adopted for the promotion of the public health, morals, safety or the general welfare. Wherever the regulations of this chapter are in conflict with the regulations of any other lawfully adopted rules, regulations or ordinances, the most restrictive shall govern.

§ 300-13 through § 300-19. (Reserved)